DUNCAN FORBES OF CULLODEN JAMES A. ROY N August 18, 1745, Charles Edward Stuart, the young I Pretender, unfurled the Standard in Glenfinnan, and the dis­ astrous "Forty-Five" began. It was the last attempt on the part of a native claimant to seize the British crown by force. In little more than nine months the campaign, which began with good promise of success, had ended disastrously, and Charles was a hunted fugjtive among the caves and the heather and the hovels of the Western Highlands. But if he had failed to gain a crown, he had become the Prince Charming of a nation's dream, a type of romantic bero, Bonnie Prince Charlie, whose name liveth for evermore in the songs and ballads of his countrymen. But few of these countrymen who sing and sentimentalize over him now would have lifted a finger for his cause, had they known him living, any more than the majority of Scots, who knew too much about the Stuarts to be able to hold their race in anything but loathing and contempt. The man who saw through the Jacobites most clearly, and did most to thwart them and smash their cause, was that exceedingly able and far-sighted Scottish lawyer, the greatest Lord President the Court of Session has ever had, Duncan Forbes of Culloden. * * * * * * Measured by worldly standards, the career of Duncan Forbes was a successful one. He attained the summit of his profession; he held high place in the esteem of his countrymen; yet he died of a broken heart, a prematurely old man, before the new Scotland be had dreamed of had even begun to take shape. Forbes was a strong but not a "glamorous" person­ ality; eminently sane and cautious, shrewd and kindly. A recent biographer sums him up in these words: "Character was his great achievement ... He ... sought 'honour not honours' ... His life is the epic of the commonplace." Forbes did much for Scotland. He put the country on its feet financially; at a dif­ ficult hour he encouraged its infant industries. 'Without his fostering care they could never have stood up to bitter English competition, but would have withered and died. In the sober and weighty words of Professor Hume Brown, "Forbes was a patriotic Scot if ever there was one"; one who "in his counsels as in his action . showed a comprehension of the national life as a whole which is found in no other Scotsman DUNCAN FORBES OF CULLODEN 293 of his time ... He understood, as none of his contemporaries did, the precise nature of the problem presented by the Highlands and their people in the national economy. It was owing to him more than to any other person that the rebellion had been success­ fully suppressed; and it would have been well for the future of the Highlands had his counsels been taken in the policy that followed. As it was" his counsels of lenity and of healing were set aside; and an opportunity was lost which was only to be redeemed in the slow process of time ... when he died ... it was in neglect and even in contumely on the part of a Government of which he had been the most disinterested and enlightened public servant, and for which, unrequited, he had spent his life, credit and means." Duncan Forbes was born at Bunchrew, near Inverlless, on November 10, 1685. His family was of lowland origin, and tradi­ tionally Whig and Presbyterian. Bunchrew is described by Captain Burt, one of Wade'b road-making engineers, as a "good old building" with a wood nearby which was full of wood-cocks. After attending the Inverness Grammar Schol, Duncan took an Arts course at Marischal College in Aberdeen. Then he went to Edinburgh to study law with a "crammer", and when he had picked up what he could of law, he went abroad for a couple of years' study at Leyden. On his return to Scotland he was called to the Scottish bar. When he came back to his native country, Forbes found the Union a fait accompli. It was not the sort of union that he would have accepted if he had had anything to say about it, but he made the best of the situation. The people as a whole were far from happy; in fact, they were bitterly disappointed, gloomy and unhappy. They felt they had been tricked into giving up their independence, and were brooding over the memory of ancient wrongs. There was little coming and going between the two countries; consequently there were few oppor­ tunities for English and Scots to become better acquainted. Journeys between Edinburgh and London were difficult and even dangerous, and for the ordinary person the cost of travelling was. prohibitive. The Scots had neither trade nor industry to absorb their energies. Many of them found their way to Europe, where they became pedlars or mercenaries; but more of them stayed at home and pursued the ancient occupation of begging. Fletcher of Saltoun estimated that there were over two hundred thousand beggars in Scotland in 1698-a fantastic figure, but it clearly shows the urgency of the situation. Conditions in the Highlands were worse than in the Lowlands, because that had 294 THE DALHOUSIE REVIEW always been the more lawless region. Gangs of thieves and rob­ bers terrorized the countryside under ruffians like James Mac­ pherson, robbing the inoffensive wayfarer of the few poor pennies he might perchance be carrying in his wallet, and swooping down in immense numbers from all quarters to make drunken revel at the obsequies of some departed chieftain or personage of rank. To the English eye, accustomed to rolli.ng landscapes and fertile farms, Scotland was unattractive--even repellent. Burt declares that the rocky prospects of the Highlands produced "the disagreeable appearance of a scabbed head", and that the glor~ous panorama of the mountains had "not much variety in it, but gloomy spaces, different rocks, and heath high and low . the whole of a dismal brown, drawing upon a dirty purple, and most of all oisagreeable when the heath is in bloom". The people themselves were largely to blame for this unfortunate impression. They were slow to appreciate the value of woods and plantations, or to understand that it was necessary to drain bogs and swamps. They had no idea of the science of cattle­ breeding, sheep-raising and crop-rotation. It was Duncan Forbes who was largely responsible for the tremendous change that was presently to take place in the outlook of the Scottish farmer. And if the Englishman had little liking for the Scot or his country, the Scots were still sorely divided among themselves and far from being a united nation in the first half of the century. The Lowlander harboured uneasy memories of the Highland host, of Graham of Claverhouse: the Highlander nourished resentment of ancient wrongs and broken troth on the part of the Lowlander. The one loyalty which was sancro-sanet to the Highlander was loyalty to his chief and to his clan. This rela­ tionship was ultimately one of mutual protection and se1£­ interest, for the land belonged to the clan as a whole and was held by ancient allodial titles. The chief was merely the representa­ tive of his clan. During the "Forty-Five" Forbes promised to guarantee the chiefs who remained loyal to the Hanoverian dynasty charters for their lands. This meant that the chiefs would become lairds with security of tenure; their clansmen, tenants. It was a temptation too strong to resist, and by this simple offer Forbes seduced about half of Prince Charles's potential followers and smashed up the "Forty-Five". He broke up an age-old system, and altered the whole social relationship in the North. DUNCAN FORBES OF CULLODEN 295 What the relationship between chief and clansman was like, is well illustrated in the case of Forbes's friend and neigh­ bour, Simon Fraser, Lord Lovat. The Frasers differed from other chiefs in the matter of authority over their clansmen. In 1704 their territories had been made into a "regality", that is to say, the chief was granted certain extraordinary legal powers, which made him not only one of the most influential men in the Highlands but in certain respects even more power­ ful than the King himself. Simon could hang, brand, behead or drown a Fraser; he could throw him into the dungeon at Castle Dounie and leave him to rot there, for the King's writ did not run in the Fraser lands. The gTeat passion of Lovat's life was to retain his great powers and his feudal manner of living. His first warning that thiugs were about to changA was w hen VY~ ade began to build his roads in 1724. For Lovat it meant that his world was about to crumble and crash about his ears. But for Duncan Forbes it meant the dawning of a new day. For Lovat the work of Wade meant the end of all he had lived and schemed for; the blazing of a trail which could lead only to destruction. For Forbes the roads of Wade pointed to the South, to freedom from the bondage 01 the past for the Highla.nder, to a fuller and better life. Forbes realized that while the chiefs lived like little kings, the lot of the average poor Highlander was pitiful enough. There was absolutely no trade or commerce, and the people were, as a result, lazy, half-starved, and utterly without ambi­ tion. They lived in foul hutments; they were for the most part illiterate, and utterly without intelle~tual interests or relaxa­ tions.